Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations 34807

1 38 FR 21494 (Aug. 9, 1973).

2 16 CFR 307 (1997).

3 16 CFR 307.5

SUPPLEMENTARY INFORMATION:

History

On April 6, 1998, the FAA proposed

to amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) by

amending Class E airspace at Roxboro,

NC, (63 FR 16718). This action provides

adequate Class E airspace for IFR

operations at Person County Airport.

Designations for Class E airspace

extending upward from 700 feet or more

above the surface of the earth are

published in Paragraph 6005 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR part 71.1. The Class E airspace

designation listed in this document will

be published subsequently in the Order.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) modifies Class E airspace at

Roxboro, NC. A GPS RWY 6 SIAP has

been developed for Person County

Airport. Additional controlled airspace

extending upward from 700 feet AGL is

needed to accommodate the SIAP and

for IFR operations at Person County

Airport.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore, (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation, as the

anticipated impact is so minimal. Since

this is a routine matter that will only

affect air traffic procedures and air

navigation, it is certified that this rule

will not have a significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASO NC E5 Roxboro, NC [Revised]

Person County Airport, NC

(lat. 36°17′08′′ N, long. 78°59′00′′ W)

That airspace extending upward from 700

feet or more above the surface of the earth

within a 6.6-mile radius of Person County

Airport.

* * * * *

Issued in College Park, Georgia, on May 29,

1998.

Jeffery N. Burner,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 98–16957 Filed 6–25–98; 8:45 am]

BILLING CODE 4910–13–M

FEDERAL TRADE COMMISSION

16 CFR Part 14

Amended Enforcement Policy

Statement Concerning Clear and

Conspicuous Disclosure in Foreign

Language Advertising and Sales

Materials

AGENCY: Federal Trade Commission.

ACTION: Final rule; Statement of policy.

SUMMARY: The Commission has

determined that it would be appropriate

to amend its Enforcement Policy

Statement regarding clear and

conspicuous disclosures in foreign

language advertising and sales

materials. The amended policy

statement is intended to clarify the 1973

Enforcement Policy Statement.

EFFECTIVE DATE: June 26, 1998.

FOR FURTHER INFORMATION CONTACT:

Linda K. Badger or Matthew D. Gold,

San Francisco Regional Office, Federal

Trade Commission, 901 Market Street,

Suite 570, San Francisco, CA 94103,

(415) 356–5270.

SUPPLEMENTARY INFORMATION: The

Federal Trade Commission

(‘‘Commission’’) has noted that some

advertisements appearing in foreign

language publications feature

advertising copy in both English and a

foreign language, but include the

required disclosure only in English.

Because the target audience for these

ads is non-English speaking, the

Commission believes that the required

disclosure should be provided in the

language of the target audience, rather

than English. This policy statement

clarifies the Commission’s policy under

these circumstances.

The Commission, on two occasions,

has addressed the issue of disclosures in

foreign language advertising. On August

9, 1973, the Commission issued an

Enforcement Policy Statement dealing

with disclosures in foreign language

advertising. That policy statement,

which is codified at 16 CFR 14.9, reads

in pertinent part: ‘‘(a) Where cease-anddesist orders as well as rules, guides and

other statements require ‘clear and

conspicuous’ disclosure of certain

information, that disclosure must be in

the same language as that principally

used in the advertisements and sales

materials involved.1 Staff has been

informed that some companies have

interpreted the 1973 Enforcement Policy

Statement to mean that a disclosure

must be in English, regardless of the

target audience of the advertisement, if

the number of English words in an

advertisement exceeds the number of

foreign language words.

On November 4, 1986, the

Commission issued its Regulations

Under the Comprehensive Smokeless

Tobacco Health Education Act of 1986.2

Those regulations address, inter alia, the

language in which the Surgeon

General’s health warning must appear in

advertisements for smokeless tobacco

products. The smokless tobacco

regulations require that:

In the case of an advertisement for a

smokeless tobacco product in a

newspaper, magazine, periodical, or

other publication that is not in English,

the warning statement shall appear in

the predominant language of the

publication in which the advertisement

appears. In the case of any other

advertisement, the warning statement

shall appear in the same language as

that principally used in the

advertisement.3
34808 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /Rules and Regulations

While the policy statement focuses on

the principal language of the

advertisement, the smokeless tobacco

regulation looks to the predominant

language of the publication in

determining the language in which the

Surgeon General’s health warning must

appear. The Commission believes that, for

advertisements in publications, the

smokeless tobacco language is better

calculated to ensure compliance with

the original intent of the 1973

Enforcement Policy Statement—that

disclosures be communicated effectively

to the advertisement’s target audience. By amending the policy statement as

proposed, the Commission would not be

creating a new regulation. The policy

statement amendment merely would

clarify the original intent of the 1973

Enforcement Policy Statement—that all

American consumers, regardless of the

language they speak, have access to

important information regarding the

products they purchase.

List of Subjects in 16 CFR Part 14

Trade practices.

Accordingly, for the reasons set forth

in the preamble, the Commission hereby

amends Title 16, Part 14 of the Code of

Federal Regulations as follows:

PART 14—ADMINISTRATIVE

INTERPRETATIONS, GENERAL

POLICY STATEMENTS, AND

ENFORCEMENT POLICY

STATEMENTS

1. The authority citation for part 14

continues to read as follows:

Authority: 15 U.S.C. 41–58

2. Section 14.9 is amended by revising

paragraphs (a) and (b) to read as follows:

§ 14.9 Requirements concerning clear and

conspicuous disclosures in foreign

language advertising and sales materials.

* * * * *

(a) Where cease-and-desist orders as

well as rules, guides and other

statements require ‘‘clear and

conspicuous’’ disclosure of certain

information in an advertisement or sales

material in a newspaper, magazine,

periodical, or other publication that is

not in English, the disclosure shall

appear in the predominant language of

the publication in which the

advertisement or sales material appears.

In the case of any other advertisement

or sales material, the disclosure shall

appear in the language of the target

audience (ordinarily the language

principally used in the advertisement or

sales material).

(b) Any respondent who fails to

comply with this requirement may be

the subject of a civil penalty or other

law enforcement proceeding for

violating the terms of a Commission

cease-and-desist order or rule.

By direction of the Commission

Donald S. Clark,

Secretary.

[FR Doc. 98–16953 Filed 6–25–98; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 19, 24, 111, 113, 143, 162,

163, 178, and 181

(T.D. 98–56)

RIN 1515–AB77

Recordkeeping Requirements

AGENCY: Customs Service; Department

of the Treasury.

ACTION: Final rule; correction.

SUMMARY: This document makes a

correction to the document published in

the Federal Register which set forth

final amendments to the Customs

Regulations to reflect changes to the

Customs laws regarding recordkeeping

and related requirements. The

correction involves an incorrect citation

within § 163.6 of the final regulatory

texts.

EFFECTIVE DATE: This correction is

effective July 16, 1998.

FOR FURTHER INFORMATION CONTACT:

Francis W. Foote, Regulations Branch,

Office of Regulations and Rulings (202–

927–0163).

SUPPLEMENTARY INFORMATION:

Background

On June 16, 1998, Customs published

in the Federal Register (63 FR 32916) as

T.D. 98–56 a final rule document setting

forth final amendments to the Customs

Regulations to reflect changes to the

Customs laws regarding recordkeeping

requirements, examination of records

and witnesses, regulatory audit

procedures, and judicial enforcement

contained in the Customs

Modernization provisions of the North

American Free Trade Agreement

Implementation Act (Pub. L. 103–182,

107 Stat. 2057). The majority of those

final regulatory texts are contained in

new part 163 (19 CFR part 163) which

reflects general recordkeeping

requirements applicable to persons who

engage in specified types of customs

transactions.

Within new part 163, § 163.6 includes

requirements concerning the production

and examination of entry records and

prescribes the monetary penalty

assessment and additional actions that

Customs may take for a failure to

comply with those requirements. Within

§ 163.6, paragraph (b)(2)(i) specifies the

additional actions that Customs may

take and paragraph (b)(2)(ii) sets forth

an exception to the paragraph (b)(2)(i)

general rule. However, the text of

paragraph (b)(2)(ii), as published,

improperly included a reference to

paragraph ‘‘(b)(2)(ii)(B)’’ which should

have read ‘‘(b)(2)(i)(B)’’. This document

corrects this typographical error.

Correction to the Final Regulations

§ 163.6 [Corrected]

On page 32948, in the third column,

in § 163.6, in paragraph (b)(2)(ii), the

reference ‘‘(b)(2)(ii)(B)’’ is corrected to

read ‘‘(b)(2)(i)(B)’’.

Dated: June 22, 1998.

Harold M. Singer,

Chief, Regulations Branch.

[FR Doc. 98–17060 Filed 6–25–98; 8:45 am]

BILLING CODE 4820–02–P

UNITED STATES INFORMATION

AGENCY

22 CFR Part 514

Exchange Visitor Program

AGENCY: United States Information

Agency.

ACTION: Interim final rule.

SUMMARY: The Agency adopts a fee

sufficient for it to recover the full cost

of its administrative processing of

requests for waiver of the two-year

return to the home country requirement

set forth in Section 212(e) of the

Immigration and Naturalization Act (8

U.S.C. 1182(e)).

DATES: This interim rule is effective

June 26, 1998. The specified fee will be

assessed for all waiver applications

post-marked after July 27, 1998. Written

comments must be submitted on or

before July 27, 1998.

ADDRESSES: Written comments should

be submitted to: Public Comment Clerk,

Office of General Counsel, United States

Information Agency, 301 4th Street,

SW., Washington, DC 20547.

FOR FURTHER INFORMATION CONTACT:

Stanley S. Colvin, Assistant General

Counsel, Office of the General Counsel,

301 4th Street, SW., Washington, DC

20547; telephone, (202) 619–6531.

SUPPLEMENTARY INFORMATION: Pursuant

to the provisions of the Fulbright-Hays

Act of 1961 (Pub. L. 87–256) the Agency

administers the Exchange Visitor

Program by facilitating the entry of over